NILIMA KARMAKAR Vs. TARA CHARAN-DAS

JUDGEMENT

(1.) These two first appeal have been preferred by the two applicants for revocation of grant of probate and are directed against the common judgment dated April 29, 1997 passed by the Learned Assistant District Judge, 8th Court, Alipore in Original Suit Nos. 5 of 1995 and 4 of 1995 thereby dismissing those applications for revocation of the grant.

(2.) Nilima and Debi Charan filed two separate applications under Section 263 of the Indian Succession Act for revocation of the probate of the last will and testament alleged to have been executed by Smt. Usha Bala Das, their mother. The aforesaid two applications gave rise to O.S. No. 5 of 1995 and O.S. No. 4 of 1995 respectively.

(3.) It appears from the record that the respondent No. 1 herein filed an application for grant of probate of the last will and testament alleged to have been executed by Smt. Usha Bala Das. The said application gave rise to Act 39 Case No. 15 of 1991. In the said application it was alleged that Usha Bala Das executed a registered will on August 23, 1963 by which she bequeathed Premises No. 10, Sree Mohan Lane, Calcutta- 26, a three storied building, in favour of his two of her sons viz. respondent nos. 2 and 3. In the said application it was stated that the said testatrix died on February 13, 1985 leaving four sons, five daughters and children of a pre-deceased daughter and notices of the said proceedings were issued upon all the aforesaid persons.